18314 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

1A copy of an Amended and Restated Stock 

Purchase Agreement, as required by 49 CFR 

1180.6(a)(7)(ii), was concurrently filed under seal 

along with a motion for protective order. The 

motion is being addressed in a separate decision. 

10. Section 4(f) of the Department of 

Transportation Act of 1966, 23 U.S.C. 

138 and 49 U.S.C. 303. 

11. Archeological and Historic 

Preservation Act of 1966, as amended, 

16 U.S.C. 469–469(c). 

12. American Indian Religious 

Freedom Act, 42 U.S.C. 1996. 

13. Farmland Protection Policy Act 

(FPPA), 7 U.S.C. 4201–4209. 

14. Clean Water Act, 33 U.S.C. 1251–

1377 (Section 404, Section 401, Section 

319). 

15. Coastal Barrier Resources Act, 16 

U.S.C. 3501–3510. 

16. Coastal Zone Management Act, 16 

U.S.C. 1451–1465. 

17. Safe Drinking Water Act (SDWA), 

42 U.S.C. 300f–300j–6. 

18. Rivers and Harbors Act of 1899, 33 

U.S.C. 401–406. 

19. Wild and Scenic Rivers Act, 16 

U.S.C. 1271–1287. 

20. Emergency Wetlands Resources 

Act, 16 U.S.C. 3921, 3931. 

21. TEA–21 Wetlands Mitigation, 23 

U.S.C. 103(b)(6)(m), 133(b)(11). 

22. Flood Disaster Protection Act, 42 

U.S.C. 4001–4128. 

23. Land and Water Conservation 

Fund (LWCF), 16 U.S.C. 4601–4 (known 

as Section 6(f)). 

24. Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA), 42 U.S.C. 9601–9675. 

25. Superfund Amendments and 

Reauthorization Act of 1986 (SARA). 

26. Resource Conservation and 

Recovery Act (RCRA), 42 U.S.C. 6901–

6992k. 

27. Landscaping and Scenic 

Enhancement (Wildflowers), 23 U.S.C. 

319. 

28. Executive Orders Relating to 

Highway Projects (E.O. 11990, 

Protection of Wetlands; E.O. 11988, 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593, Protection and 

Enhancement of Cultural Resources; 

E.O. 13007, Indian Sacred Sites; E.O. 

13175, Consultation and Coordination 

with Indian Tribal Governments; E.O. 

13112, Invasive Species). 

The MOU would allow the State to act 

in the place of the FHWA in carrying 

out the functions described above, 

except with respect to government-togovernment consultations with 

federally-recognized Indian tribes. The 

FHWA will retain responsibility for 

conducting formal government-togovernment consultations with 

federally-recognized Indian tribes, 

which is required under some of the 

listed laws and executive orders. The 

State will continue to handle routine 

consultations with the tribes and 

understands that a tribe has the right to 

direct consultation with the FHWA 

upon request. The State also may assist 

the FHWA with formal consultations, 

with the consent of a tribe, but the 

FHWA remains responsible for the 

consultation. 

The scope of the proposed assignment 

and terms and conditions of the 

assignment are contained in the 

proposed MOU. A copy of the proposed 

MOU, together with State 

documentation supporting the 

assignment of decision-making 

authority under 23 CFR 771.117(d) for 

the seven categories of activities listed 

above, may be viewed on the DOT DMS 

Docket, as described above, or may be 

obtained by contacting the FHWA or the 

State at the addresses provided above. A 

copy also may be viewed at http:// 

www.dot.ca.gov/hq/env/nepa_pilot/ 

imndex.htm. 

The FHWA California Division, in 

consultation with FHWA Headquarters, 

will consider the comments submitted 

when making its decision on the 

proposed MOU. Once the FHWA makes 

a decision on the proposed MOU and on 

the categories of actions to which the 

assignment will apply, the FHWA will 

place in the DOT DMS Docket a 

statement describing the outcome of the 

decision-making process and a copy of 

any final MOU, including final 

descriptions of the CE authority 

assigned to the State. The FHWA also 

will publish in the Federal Register a 

notice of the FHWA decision and the 

availability of any final MOU. Copies of 

the final documents also may be 

obtained by contacting the FHWA or the 

State at the addresses provided above, 

or by viewing the documents at http:// 

www.dot.ca.gov/hq/env/nepa_pilot/ 

imndex.htm. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 326; 42 U.S.C. 4331, 

4332; 23 CFR 771.117; 40 CFR 1507.3, 

1508.4. 

Issued on: April 3, 2007. 

Gene K. Fong, 

California Division Administrator 

Sacramento. 

[FR Doc. E7–6787 Filed 4–10–07; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35013] 

Patriot Rail, LLC and Patriot Rail 

Corp.—Control Exemption—Rarus 

Railway Company 

Patriot Rail, LLC (PRL) and its 

subsidiary Patriot Rail Corp. (Patriot) 

have filed a verified notice of exemption 

to permit PRL and Patriot to acquire 

control of the Rarus Railway Company 

(Rarus) by having Patriot Acquisition 

Corporation (PAC), a wholly owned 

subsidiary of Patriot, purchase 100% of 

the outstanding stock of Rarus. Rarus is 

a Class III rail carrier and operates a 

25.7-mile line of railroad between Butte, 

MT, and Anaconda, MT.1

PRL is a noncarrier limited liability 

company that owns 51% of the stock of 

Patriot. Patriot is a noncarrier holding 

company that owns 100% of the stock 

of the Tennessee Southern Railroad 

Company (TSRR), a Class III rail carrier 

operating a 118-mile line of railroad 

between specified points in Tennessee 

and Alabama. Patriot also owns 100% of 

the stock of PAC, the holding company 

that will acquire 100% of the 

outstanding stock of Rarus. Through 

Patriot’s control of PAC, Patriot will 

acquire indirect control of Rarus. 

Through PRL’s control of Patriot, PRL 

will also acquire indirect control of 

Rarus. 

The transaction is scheduled to be 

consummated after the effectiveness of 

the exemption, and no earlier than April 

25, 2007. 

Applicants state that: (i) The rail lines 

involved in this transaction do not 

connect with any rail lines now 

controlled, directly or indirectly, by PRL 

and Patriot; (ii) this transaction is not 

part of a series of anticipated 

transactions that would connect any of 

these rail lines with each other or any 

railroad in their corporate family; and 

(iii) this transaction does not involve a 

Class I carrier. Therefore, this 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 18315 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III rail carriers. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than April 18, 2007 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35013, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Louis E. 

Gitomer, Esq., 600 Baltimore Ave., Suite 

301, Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 4, 2007. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–6851 Filed 4–10–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 5308 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Form 

5308, Request for Change in Plan/Trust 

Year. 

DATES: Written comments should be 

received on or before June 11, 2007 to 

be assured of consideration. 

ADDRESSES: Direct all written comments 

to Glenn P. Kirkland, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Carolyn N. Brown 

at Internal Revenue Service, Room 6516, 

1111 Constitution Avenue NW., 

Washington, DC 20224, or at (202) 622–

6688, or through the internet at 

Carolyn.N.Brown@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Request for Change in Plan/ 

Trust Year. 

OMB Number: 1545–0201. 

Form Number: 5308. 

Abstract: Form 5308 is used to request 

permission to change the plan or trust 

year for a pension benefit plan. The 

information submitted is used in 

determining whether IRS should grant 

permission for the change. 

Current Actions: There are no changes 

being made to the form at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

480. 

Estimated Time per Respondent: 42 

minutes. 

Estimated Total Annual Burden 

Hours: 339. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: April 4, 2007. 

Glenn P. Kirkland, 

IRS Reports Clearance Officer. 

[FR Doc. E7–6769 Filed 4–10–07; 8:45 am] 

BILLING CODE 4830–01–P 


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